All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The summary of the reasons for appeal is that each sentence imposed by the court below on the defendant (the first sentence: imprisonment with prison labor for two years and the second sentence: imprisonment with prison labor for eight months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court decided to hold a concurrent hearing of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance. Each of the offenses against the defendant in the judgment of the court below are concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment for aggravated concurrent offenses under Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be reversed in its entirety.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of each of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the applicable Criminal Act and Article 347(2) of the applicable Criminal Act concerning criminal facts and Article 347(2) of the applicable Act concerning the selection of punishment for each crime were omitted, and Article 347(2) of the Criminal Act are deemed to be omitted. The above provision is deemed not to have any substantial disadvantage in guaranteeing the defendant’s right of defense even if acknowledged without the prosecutor’s modification of indictment. Thus,

Paragraph 1 (2016 Highest 4722) 1-2

(a)(i)Paragraphs;

D. 1) Each fraud described in paragraph 1), Article 231 of each Criminal Act (the point of the foregoing Article), Articles 234 and 231 of each Criminal Act (the point of exercising the above investigation document), Article 355(1) of each Criminal Act (the point of embezzlement) and each choice of imprisonment, respectively.

1. Grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes